Archives for Elder Law

NON-QUALIFIED ANNUITIES Properly Naming the State of Indiana as a Beneficiary The State needs to be named as a beneficiary by the time of the Medicaid application in some situations. You must name the State as primary beneficiary (unless a minor or disabled child exists) before the Medicaid application if we are taking any of the following steps with the non-qualified annuity: Additions of principal; Elective withdrawals; Requests to change the distribution of the annuity; Elections to annuitize the contract; A change in ownership; or Any other non-routine action. The State must be listed second if there is a minorRead More

SECRETS OF AN ELDER LAW ATTORNEY What a boring life we lead Fort Wayne Estate Planning Council Presentation May 19, 2016 AGED AND DISABLED WAIVER Recipients of the Aged and Disabled Waiver live in a community setting. They are initially approved for level of care services through a notice of action from the Division of Aging. The notice of action contains a list of approved service hours which are generally for non-medical services, such as housekeeping, public feeding assistance, respite care, etc. The waiver recipient often needs additional services. The care provider can submit a request for prior authorization toRead More

Do I Need A Will? We get asked this question all the time. The surprising answer from an attorney that prepares wills every day is “maybe you do not need a will.” We actually now have clients sign the following form when they sign their wills. ACKNOWLEDGEMENTS ABOUT THE LIMITATIONS OF MY LAST WILL AND TESTAMENT I understand that the provisions of the will I am signing at this time will not alter, affect, or otherwise change the disposition of any property that is disposed of at my death under: Any POD (payable on death) beneficiary agreement made by meRead More

Keith P. Huffman Receives National Community Service Award For Advocacy In Elder Law The National Academy of Elder Law Attorneys (NAELA) is proud to announce that Keith P. Huffman of Bluffton, Indiana, is the winner of the 2016 Powley Elder Law Award. This prestigious award is presented annually to a NAELA member who is recognized in his or her community as a leader in promoting a greater understanding of the rights and needs of the elderly and people with special needs, and of how elder law attorneys advocate for those rights. Huffman has lead efforts in Indiana to promote advanceRead More

THE NEW CARE ACT Indiana has enacted the Caregiver Advise, Record, and Enable (CARE) Act. This law is effective January 1, 2016. We thank the legislators and Governor Pence for this wonderful new law. The CARE Act is designed to help the family caregiver help a family member post-hospitalization. The law provides: You or your health care representative can name a friend, caregiver, or other family member as a Lay Caregiver. Your health care representative can be your Lay Caregiver. The hospital must notify the Lay Caregiver before you are discharged from the hospital. The hospital employee will provideRead More

HIP 2.0 The Healthy Indiana Plan is now, actually, a Healthy Indiana Plan as of February 1, 2015. 290,000 Hoosiers have signed up for HIP 2.0 in the last five months! We expect thousands more to join by the end of 2015. What is going on? Indiana has accepted Obamacare in an innovative and beneficial manner. What is HIP 2.0? HIP 2.0 is a comprehensive insurance program for Hoosiers who are between ages 19-64 with income below 138% of the Federal Poverty Level (“FPL”). You do NOT have to be disabled, and your assets are not considered in the eligibilityRead More

Reporting Deaths To Credit Agencies Following the death of a loved one, there are many tasks to be considered. Some require immediate attention, like contacting an attorney to assist with the opening of the estate and the appointment of the personal representative. Others are not quite as urgent but are equally important. In the age of fraud and identity theft, one task is becoming increasingly urgent—protecting the personal information of that loved one. When putting together a meaningful summary of a loved one’s life in the form of an obituary, we often feel compelled to provide as much detail asRead More

How to Contact the BMV When You Believe Your Loved One Should no Longer Drive How do you know when your dad should no longer drive? The answer is obvious: when you will no longer ride with him. The sad fact is in rural Indiana losing your driver’s license is equated with the loss of your independence. We do not want mom or dad to lose their independence, but we also do not want them to hurt themselves or others in an accident. Indiana law permits you to contact the Bureau of Motor Vehicles confidentially to have mom or dad’s abilityRead More

Proposed New VA Rules for Pension Benefits The VA has a pension benefit to help certain financially eligible wartime veterans or spouses of deceased veterans. This pension benefit has come to be known as the Aid and Attendance Award. The VA has recently published proposed changes in determining who qualifies for this Award. The following is a brief summary of these changes. New Worth: The rules tie the net worth asset limit to the Medicaid Spousal Impoverishment level (currently $117,240) and increase it for inflation. Annual income is added to the net worth amount to determine eligibility. Example: An eligibleRead More

IRA’s Get Better in Indiana Recent Medicaid rule changes have made IRA investments even more valuable for Hoosiers. As of June 1, 2014, IRA accounts (including 403b, Keogh accounts, and other tax-deferred accounts funded with pre-tax dollars) no longer count as assets if your spouse has to enter a nursing home! While no one wants to go to a nursing home, there are times when nursing home care is needed. With the cost of nursing home care at $6,000 a month on average in Indiana, few Hoosiers can afford to pay for their care for very long. Medicaid pays forRead More

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